[WSBARP] land in Indian country

[scott at scottgthomaslaw.com]

I am trying to understand the preferred practice to record a transfer of
property in Indian country.  PC is purchasing a home built on a lot in a
residential real estate development situated within a reservation.  The lot
is leased to the seller, and the property to be purchased by PC consists
primarily of the lot improvements, i.e., the structure and landscaping.  I
had always thought that an assignment of lease and a bill of sale would be
adequate to transfer all of seller's interests in this context.  But in some
transactions I am seeing a statutory warranty deed also recorded to transfer
the leasehold interest (i.e., all 3 recorded simultaneously).  The lease
assignments and the deeds describe the same property.  Is this a belt and
suspenders approach, or am I missing something? 

 

Scott G. Thomas

Thomas Law Group, P.S.

1204 Cleveland Ave.

Mount Vernon, WA  98273

Scott at ScottGThomasLaw.com <mailto:Scott at ScottGThomasLaw.com> 

 

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